Akebia’s Suit Over Medicare Pay for Kidney Drug Proceeds for Now

The government’s motion to dismiss Akebia Therapeutics Inc.'s lawsuit over a decision denying Medicare Part D benefits to pay for a drug used to treat kidney disease patients must be denied because an appeal in the suit is already pending, a federal court in Massachusetts said.

Akebia’s appeal of a decision denying its request to block the Centers for Medicare and Medicaid Services from refusing to pay for Auryxia ended the court’s authority to hear any matter touching upon or involved in that proceeding, the U.S. District Court for the District of Massachusetts said Thursday.

The legal issues raised in ...